# C_2017006EN.01000501.xml

| 9.1.2017 | EN | Official Journal of the European Union | C 6/5 |
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9.1.2017

EN

Official Journal of the European Union

C 6/5

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Judgment of the Court (Sixth Chamber) of 26 October 2016 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Yara Suomi Oy, Borealis Polymers Oy, Neste Oil Oyj, SSAB Europe Oy v Työ- ja elinkeinoministeriö

(Case C-506/14) (1)

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((Reference for a preliminary ruling - Greenhouse gas emission allowance trading scheme within the European Union - Directive 2003/87/EC - Article 10a - Method of allocating free allowances - Calculation of the uniform cross-sectoral correction factor - Decision 2013/448/EU - Article 4 - Annex II - Validity - Application of uniform cross-sectoral correction factor to facilities in sectors which are deemed to be exposed to a significant risk of carbon leakage - Determination of the product benchmark for hot metal - Decision 2011/278/EU - Article 10(9) - Annex I - Validity))

(2017/C 006/05)

Language of the case: Finnish

Referring court

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Parties to the main proceedings

Applicants: Yara Suomi Oy, Borealis Polymers Oy, Neste Oil Oyj, SSAB Europe Oy

Applicants:

Defendant: Työ- ja elinkeinoministeriö

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Examination of the third and fourth questions has revealed no factor of such a kind as to affect the validity of Article 15(3) of Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council. |
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1.

Examination of the third and fourth questions has revealed no factor of such a kind as to affect the validity of Article 15(3) of Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council.

| 2. | Examination of the sixth and seventh questions has revealed no factor of such a kind as to affect the validity of Annex I to Decision 2011/278. |
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2.

Examination of the sixth and seventh questions has revealed no factor of such a kind as to affect the validity of Annex I to Decision 2011/278.

| 3. | Examination of the fifth question referred has revealed no factor of such a kind as to affect the validity of the first subparagraph of Article 10(9) of Decision 2011/278. |
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3.

Examination of the fifth question referred has revealed no factor of such a kind as to affect the validity of the first subparagraph of Article 10(9) of Decision 2011/278.

| 4. | Article 4 of, and Annex II to, Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council are invalid. |
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4.

Article 4 of, and Annex II to, Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council are invalid.

| 5. | The temporal effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 are limited so that, first, that declaration does not produce effects until 10 months following the date of delivery of the judgment in Borealis Polyolefine and Others (C-191/14, C-192/14, C-295/14, C-389/14 and C-391/14 to C-393/14, EU:C:2016:311), so as to enable the European Commission to adopt the necessary measures and, second, measures adopted during that period on the basis of the invalidated provisions cannot be called into question. |
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5.

The temporal effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 are limited so that, first, that declaration does not produce effects until 10 months following the date of delivery of the judgment in Borealis Polyolefine and Others (C-191/14, C-192/14, C-295/14, C-389/14 and C-391/14 to C-393/14, EU:C:2016:311), so as to enable the European Commission to adopt the necessary measures and, second, measures adopted during that period on the basis of the invalidated provisions cannot be called into question.

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(1)  OJ C 34, 2.2.2015.

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